What is an Adult Guardianship?

Is your loved one no longer able to make responsible decisions for themselves?

A legal guardian over another adult is someone who has been designated by the court to serve as a representative of an individual who no longer has the capacity to make responsible decisions concerning their health and safety. The relationship between the Guardian and the ward is much like that between a parent and a child. 

What is a Conservatorship?

Minor children and Incapacitated adults may need a conservatorship to handle the financial side of making sure decisions are made. If your loved one can no longer make responsible financial decisions or is being exploited by another individual or family member, then you may petition the court to protect your loved one’s resources.

Similar to guardianship, a conservatorship is a relationship between the Conservator and the ward, the Conservator must manage the financial affairs of the ward such as filing taxes, paying bills, creating a budget, taking care of the ward’s financial investments, and other related tasks.

Contest Regarding Appointment of Guardians and Conservators

Any qualified person may be appointed guardian over a ward. However, the law establishes the following as to shall receive priority consideration if the matter is contested:

• Individual last nominated by writing such as a person designated in an advance directive for health care or durable power of attorney; 

• spouse for the other;

• Any adult child for their parent;

• Any parent for their adult child;

• Individual nominated by a parent of the adult child;

• A guardian appointed during the minority of the adult;

• A guardian previously appointed in Georgia or another state;

• A friend, relative, or any other individual;

• Any other person, including a volunteer to the court, found suitable and appropriate who is willing to accept the appointment;  and

• The county guardian.

HOW CAN WE HELP?

If someone you love has a disability or severe mental illness and has reached the age of 18 or has reached an older age where they can longer make decisions for themselves, you may have to petition the court to become that person’s Guardian and Conservator.

If you wish to obtain guardianship or conservatorship rights over another person or a minor, it is highly recommended that you contact an experienced probate attorney. J Riddick Law is well versed in Guardianship and Conservatorship law and can help families navigate this complex legal process. J Riddick Law will also assist in the ongoing fiduciary duties of managing a conservatorship.